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NAVY | BCNR | CY2007 | 06040-07
Original file (06040-07.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX
                  WASHINGTON DC 20370-5100



          TJR
 Docket No: 6040-07
3 June 2008







This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2008. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 4 December 1967 at age 17.
Shortly thereafter, on 17 December 1967, you received nonjudicjal
 punishment (NJP) for a two day period of unauthorized absence
(UA) and were awarded correctional custody for 10 days.
On 22 January and again on 10 April 1968 you were convicted by summary court-martial (SCM) of two periods of UA totalling 18 days. On 26 August 1968 you were convicted by civil authorities of driving under the influence of alcohol or drugs and drug possession. You were sentenced to confinement for 90 days.
On 21 November 1968 you were convicted by special court-martial (SPCM) of an 183 day period of UA. You were sentenced to confinement at hard labor for six months, a $420 forfeiture of pay, and a bad conduct discharge (BCD). On 26 March 1969 you submitted a written waiver of restoration to duty and requested immediate execution of the BCD. After the BCD was approved at all levels of review, on 11 April 1969 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to have your discharge upgraded. It also considered your assertions of being troubled by your addictions and mental state and that you could not adjust to the excessively harsh treatment you received. The Board further considered the character reference letters, outpatient assessment note, and the psychology progress note submitted in support of your case. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of the seriousness of your repetitive misconduct which resulted in NJP and convictions by two courts-martial and civil authorities. Further, you requested execution of the discharge, thus eliminating any opportunity to earned a better characterization of service. Finally, there is no evidence in the record, and you submitted none, to support your assertions. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind, that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
Sincerely,



W.       DEAN PFEIFFER
 Executive Director

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